Apple lays down guidelines for government data requests in new document

Apple on Wednesday released a set of guidelines by which U.S. law enforcement, as well as other government agencies, may request information from the company regarding data from its users.

Broken down into three main parts, Apple's "Legal Process Guidelines -- U.S. Law Enforcement" webpage provides general information about the newly established guidelines, how agencies can request data and what information they can hope to receive. In typical Apple style, a frequently asked questions section is also appended to the document for quick referencing.

A brief explanation of the webpage reads:

These Guidelines are provided for use by law enforcement or other government entities in the U.S. when seeking information from Apple Inc. ("Apple") about users of Apple's products and services, or from Apple devices. Apple will update these Guidelines as necessary.

Apple notes that the guidelines do not apply to U.S. agencies seeking information outside of the country from international subsidiaries.

Along with a number of email and physical addresses, phone numbers and other relevant contact information, Apple outlines how it intends to handle any future user data requests.

The company lists what type of information will be provided and what it takes to garner such data. For example, subpoenas or higher legal process are required for device registration information and iTunes information, while search warrants or court orders are needed for more personal data from iCloud and Find My iPhone.

Apple notes that information extraction can be performed on devices running iOS 4 or later with a proper search warrant, but the process is limited to certain categories of unencrypted user generated data. Extraction, which takes place at Apple's Cupertino, Calif. headquarters, can wrangle SMS, photos, videos, contacts, audio recordings, and call history that are not locked down by a passcode. Apple cannot provide email, calendar entries or data from third-party apps.

Finally, Apple provides an "Emergency Disclosure Form" for situations deemed to involve "imminent danger of death or serious physical injury to any person requires such disclosure without delay."

Aside from being a good source of information for law enforcement agencies, the guidelines offer insight into how closely Apple can monitor its users. For example, Apple can intercept email communications, but cannot do the same for encrypted peer-to-peer protocols like iMessage and FaceTime.

The creation of the webpage is in line with Apple's newfound zeal for customer privacy in the wake of public disclosures concerning government surveillance. Apple has released surveillance request statistics in the past -- most recently in January -- but has promised to provide its users with more regular reports.

If you are cynical you might look at the human's history and conclude that those who wield power are corrupt. Or perhaps you might believe government is supposed to work for you, and your employee has no right to be peeking in on what you do. Your view seems to be pretty trusting and not grounded in history.

Really, what a load of crap. Apple is not in a position to defy the law and the law in the US is not designed to protect your privacy.

Don't take my word for it:

Read up on the Third Party Doctrine.

Apple is simply posturing, like Microsoft (which published the same kind of "guideline" years ago.)

When your government wants something from Apple, they will take it.

Get real people.

You are referring to the Fourth Amendment. The Supreme Court has held that you have no reasonable expectation of privacy regarding information you turn over to a third party. So companies like Apple can voluntarily turn over information to other parties such as various governments without the government showing it had probable cause to request that information. The government can then use that information against you in court even though it had no evidence that you committed a crime before receiving the evidence. That happens often.

Companies, however, are not required to voluntarily turn over such information without the government providing a warrant or subpoena. They, however, often times do. Most companies have privacy policies dictating how they treat your information. If they do something in violation of that privacy policy, you likely would have a civil suit if you could establish damages. What Apple is saying here is it will not voluntarily hand over its users information to governments in the US without a court order.

First Apple is a internationally company the US goverment has no right over them

I'm not American and if the US takes my info from Apple that's illegal

To answer your question..YES i trust Apple

No, Apple computer is a US company incorporated in the California. It, however, does do business around the world and owns subsidiaries in other countries. In every country it operates it has to abide by the laws of that Country. I too trust Apple to an extent, however, it is various governments I am concerned about.

As far as the US taking information from Apple if you are a foreign customer, good luck holding the US government accountable for that. How many nuclear weapons and fighter jets do you own?

I have said this before, and this has been going on for a long time. All Internet traffic in the US routes through a few main hubs in the US, and the NSA has connection into those hubs and can easily route any traffic they like right into their network to be analyzed. The government has been collecting information on people for a very long time, their is no law in this country which stop the government from collecting information about what you do. Collecting is not illegal what you do with that information could be illegal, they can not arrest you based on information they collected without warrant, Grant it they have done it and got away with it from time to time until some smart lawyer figures out what they did.

There are only a few things which they can not do, one, come into your home uninvited or without a warranty or probable cause to look around and take what they want, there are lower standards for your car, they can not read your US postmark mail and they can not listen into a phone conversation without the various legal requirements Beyond this anything outside your private property is fair game to them.

Google has said it already, users of email have no expectation of privacy since your electronic communication are stored and process by any number of privately owned entities which you do not have a legal relationship with thus their is no expectation of privacy on the Internet. If you do not want someone else readying your email, you need to either not put things you do not want others seeing in an email or other Internet communication or you need to encrypt them at a level which is not easy to un-encrypt.

Also Government agencies which are not police are not subject to the same laws as police, why they can not arrest you, but they can provide what they learned about you to the police and then the police can then use legal means to get the information they need to arrest you. This is why Apple requires a warranty or other legal methods to obtain information, why an agency can not be granted a warrant only law enforcement can be granted an warrant. Apple is attempting to kept the CIA, NSA, DEA, ATF and other from making general information requests which was probably happening.

Notice how Apple said they can not turn over encrypted information or information from other third parties since they do not own it or have the rights to give that information out. The government will have to go owners of that information and get them to turn it over.

No, Apple computer is a US company incorporated in the California. It, however, does do business around the world and owns subsidiaries in other countries. In every country it operates it has to abide by the laws of that Country. I too trust Apple to an extent, however, it is various governments I am concerned about.

As far as the US taking information from Apple if you are a foreign customer, good luck holding the US government accountable for that. How many nuclear weapons and fighter jets do you own?

I do agree with u, i was in a hurry and i din't had time to show more details

The point was i trust Apple because it's Apple and they are not corrupted or inmmature like others, and i hope Apple remains that way

No, Apple computer is a US company incorporated in the California. It, however, does do business around the world and owns subsidiaries in other countries. In every country it operates it has to abide by the laws of that Country. I too trust Apple to an extent, however, it is various governments I am concerned about.

As far as the US taking information from Apple if you are a foreign customer, good luck holding the US government accountable for that. How many nuclear weapons and fighter jets do you own?

We own the water, oil and non-drought farmland. Also bacon, real beer, maple syrup and hockey players

Regards,

Canada

“What would I do? I’d shut Apple down and give the money back to the shareholders”

Some of these comments are so stupid.
First, this is a good attempt at disclosing exactly what is necessary for them to hand over information. They may voluntarily hand over most everything if they wanted to. This policy clearly states that they will need court orders or search warrants to do so. That is the most that anybody can ask for except for maybe not collecting any data at all, which would be next to impossible these days.

Really, what a load of crap. Apple is not in a position to defy the law and the law in the US is not designed to protect your privacy.

Don't take my word for it:

Read up on the Third Party Doctrine.

Apple is simply posturing, like Microsoft (which published the same kind of "guideline" years ago.)

When your government wants something from Apple, they will take it.

Get real people.

You are referring to the Fourth Amendment. The Supreme Court has held that you have no reasonable expectation of privacy regarding information you turn over to a third party. So companies like Apple can voluntarily turn over information to other parties such as various governments without the government showing it had probable cause to request that information. The government can then use that information against you in court even though it had no evidence that you committed a crime before receiving the evidence. That happens often.

Companies, however, are not required to voluntarily turn over such information without the government providing a warrant or subpoena. They, however, often times do. Most companies have privacy policies dictating how they treat your information. If they do something in violation of that privacy policy, you likely would have a civil suit if you could establish damages. What Apple is saying here is it will not voluntarily hand over its users information to governments in the US without a court order.

Yes, but they can still be compelled. This is what p*sses me off and why I called it posturing. They are trying to give your the false impression that they will protect your data. They will not. They can not ! Period.

You are quite correct that Apple is saying they won't hand over data without a court order. A court order is no big deal because the bar is very low. It is not necessarily required even to provide "probable cause", so basically with a "flexible" Judge obtaining a Subpoena or a Search Warrant is essentially a rubber-stamp procedure.

Not sure what that person was thinking, but again people in other countries seem to think their laws apply to everyone.

You can see from the article even if you not a US citizen and the US wants access to your information on a US companies servers they have to get a warrant. just because you do not live in the US or are a citizen the police in the US and not violate same rights a US citizen has. I understand why the US does this, but honest, if you not a US citizen you should not be afforded the same rights. If you got to other countries you have to follow their rules, and most time being an outsider you have far less rights than their own citizens.

The US should be able to get access to anyone information who is not a US citizen which is located on US companies servers without a warranty since they have no expectation of privacy since they are not under our constitution. I realize the US is trying to take the high road in most cases, but when people outside this country are trying to kill you, our rights should out strip theirs.

The US should be able to get access to anyone information who is not a US citizen which is located on US companies servers without a warranty since they have no expectation of privacy since they are not under our constitution.

So basically, you're saying, everybody that is not US citizen, but uses a US Service has no right at all? And vice versa, any other governement has no right at all at those informations on US servers from non-US citizen?

So, with that logic, any US citizen that does business with any NON-US service would have no right AND the US governement would have no right on those informations eighter?

If that's the case, and you are implying so, the US governement should not have any right to data on US citizen doing business on swiss banks, right ;)

And if we're at it, say you're traveling to europe, I'm sure you would be totally okay that the police could just take your laptop at any time, without any warrant "since you are not under our consitutino".

Better yet, i think, the only rights any US-citizen should have when traveling abord should only be the human rights, and nothing else.

and no, i'm not seriously, that was ironic, but it should give you something to think

Not sure what that person was thinking, but again people in other countries seem to think their laws apply to everyone.

You can see from the article even if you not a US citizen and the US wants access to your information on a US companies servers they have to get a warrant. just because you do not live in the US or are a citizen the police in the US and not violate same rights a US citizen has. I understand why the US does this, but honest, if you not a US citizen you should not be afforded the same rights. If you got to other countries you have to follow their rules, and most time being an outsider you have far less rights than their own citizens.

The US should be able to get access to anyone information who is not a US citizen which is located on US companies servers without a warranty since they have no expectation of privacy since they are not under our constitution. I realize the US is trying to take the high road in most cases, but when people outside this country are trying to kill you, our rights should out strip theirs.

Well actually I think this is a case of typical american arrogance. What you are saying is that if (any) US Agency for whatever reason (as long as they could do so in the US itself) can violate the constitutional rights of citizens/residents of other countries, deprive these citizens of ANY means of legal defence against the Agencies and violate any laws that may exist in these non-US countries with impunity.

Well sunshine, I've got news for you. We don't like that and we have laws that allow (actually require) companies in the EU not to do business with US owned (data processing/cloud service providers) companies for precisely this reason. We have privacy laws, laws governing due process, constitutional rights which we also want to defend.